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(영문) 의정부지방법원 2017.04.28 2016노3485
근로기준법위반등
Text

The judgment below

The guilty part against Defendant A and the defendant B shall be reversed, respectively.

Defendants shall be punished by imprisonment.

Reasons

1. The lower court, among the facts charged against Defendant A, dismissed the prosecution against the violation of each of the Labor Standards Act of 2015 J, E, F, G, H, I, J, and K as to the violation of each of the Labor Standards Act of 1st C, E, F, G, H, I, J, and K, set forth in the attached Table 2015 order 2015 order 4345 order, and convicted the remainder of the facts charged.

However, Defendant A appealed from the judgment of the court below on the grounds of mistake of facts and unfair sentencing, and did not appeal both Defendant A and the prosecutor with respect to the dismissal part of the prosecution. As such, the dismissal part of the prosecution against Defendant A in the judgment of the court below is separate and final, and only the remaining guilty part and the part against Defendant B are subject to the judgment of this court.

2. Summary of reasons for appeal;

A. Defendant A1) at the time of purchasing a golf machine screened from the victim P, Defendant A, as indicated in the holding of the lower judgment, had set up a right to collateral security with respect to the real estate in the name of the wife BA to the victim P at the time of the purchase of the screened golf machine, and thereafter the victim P was repaid as dividends, etc. during the auction procedure of the said real estate.

Therefore, at the time of the crime of this case, there was no criminal intent of defraudation to Defendant A.

2) Defendant A, who violated the Labor Standards Act of 2015 senior group 2842 of the lower judgment (defluence of the facts), discontinued at that time while operating a joint Defendant B M Co., Ltd. (hereinafter “M”) with the joint Defendant B until October 2014. From November 25, 2014 to December 26, 2014, Defendant A independently operated the said company.

Therefore, it is irrelevant to the defendant A that the defendant violated the Labor Standards Act of 2015 Highest 2842 decided by the court below.

3) The sentence of the lower court’s improper sentencing (4 years of imprisonment) is too unreasonable.

B. Defendant B’s punishment (4 years of imprisonment with prison labor) is too unreasonable.

2. Determination

A. Determination on Defendant A’s assertion of mistake of facts 1) Defendant A’s determination on the lower court’s 2015 higher group 317 fraud as indicated in the lower judgment is also based on the grounds and grounds for appeal in this part.

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